[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70133-70134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24467]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-21877]; [PPWOCRADN0-PCU00RP14.R50000]


Native American Graves Protection and Repatriation Review 
Committee Findings and Recommendations Regarding Human Remains and 
Associated Funerary Objects for the Pueblo of Santa Ana, New Mexico

AGENCY: National Park Service, Interior.

ACTION: Findings and recommendations.

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SUMMARY: The National Park Service is publishing this notice as part of 
its administrative responsibilities pursuant to the Native American 
Graves Protection and Repatriation Act (NAGPRA or the Act). The 
recommendations, findings, and actions in this notice are advisory only 
and are not binding on any person and may be admissible in any action 
brought under section 15 of the Act. The Native American Graves 
Protection and Repatriation Review Committee (Review Committee) finds 
there is a relationship of shared group identity that can be reasonably 
traced between certain Native American human remains and associated 
funerary objects and the Kewa Pueblo, New Mexico, Pueblo of San Felipe, 
New Mexico, and Pueblo of Santa Ana, New Mexico. The Review Committee 
recommends that the Pueblo of Santa Ana, New Mexico, take the lead in 
repatriation and reburial of the human remains.

ADDRESSES: The Review Committee meeting transcript containing the 
proceedings and Review Committee deliberation and findings is available 
online at http://www.nps.gov/nagpra/Review or from the National NAGPRA 
Program upon request ([email protected]).

SUPPLEMENTARY INFORMATION: The recommendations, findings, and actions 
of the Review Committee are advisory only and not binding on any 
person. These advisory findings and recommendations do not necessarily 
represent the views of the National Park Service or Secretary of the 
Interior. The National Park Service and the Secretary of the Interior 
have not taken a position on these matters.
    The Review Committee was established by Section 8 of the Act, and 
is an advisory body governed by the Federal Advisory Committee Act, as 
amended, 5 U.S.C., App. Pursuant to 25 U.S.C. 3006(d), any records and 
findings made by the Review Committee relating to the identity or 
cultural affiliation of any cultural items and the return of such items 
may be admissible in any action brought under section 15 of the Act (25 
U.S.C. 3013).
    At its July 13, 2016, public meeting in Missoula, MT, the Review 
Committee heard a request from the Pueblo of Santa Ana, New Mexico, as 
an affected party. The Pueblo of Santa Ana requested a finding of fact 
and the facilitation of a resolution of a dispute before the Review 
Committee and asked that the Review Committee consider the cultural 
affiliation and most appropriate claimant for human remains and 
associated funerary objects under the control of the American Museum of 
Natural History (AMNH).
    In 1914, human remains representing, at minimum, 37 individuals and 
3 associated funerary objects were removed from Pueblo San Pedro Viejo, 
in Bernalillo County, NM, during excavations sponsored by the AMNH. 
AMNH has determined that there is a relationship of shared group 
identity (cultural affiliation) that can be reasonably traced between 
these Native American human remains and associated funerary objects and 
Kewa Pueblo, New Mexico, Pueblo of San Felipe, New Mexico, and Pueblo 
of Santa Ana, New Mexico.
    The AMNH published its determination of cultural affiliation in a 
Notice of Inventory Completion in the Federal Register (80 FR 76304-
76305, December 8, 2015). Subsequently, the Pueblo of San Felipe and 
the Pueblo of Santa Ana made separate requests for the repatriation of 
the human remains and associated funerary objects. Based on the 
information in AMNH's possession, AMNH could not determine the most 
appropriate of the two claimants pursuant to the NAGPRA regulations (43 
CFR 10.10(c)(2)).
    The Pueblo of Santa Ana disputes AMNH's determination that the Kewa 
Pueblo, New Mexico, and the Pueblo of

[[Page 70134]]

San Felipe, New Mexico, are culturally affiliated with Pueblo San Pedro 
Viejo and the individuals whose human remains were removed from the 
site. The Pueblo of Santa Ana disputes AMNH's decision that it could 
not determine the Pueblo of Santa Ana to be the most appropriate 
claimant. The Pueblo of Santa Ana requested that the Review Committee 
review the record, first make a finding of fact on cultural 
affiliation, and then, if necessary, make a recommendation to the 
parties on resolving the dispute concerning the most appropriate 
claimant.
    Such finding of fact and facilitation of the resolution of this 
dispute between the Pueblo of Santa Ana and AMNH are the express 
responsibilities of the Review Committee under the provisions of Act at 
25 U.S.C. 3006(c)(3) and (4). The Designated Federal Officer and the 
Review Committee Chair agreed that the Review Committee would consider 
the request at a public meeting held on July 13, 2016, in Missoula, MT.
    Finding of Fact and Recommendation to the Parties: All seven Review 
Committee members currently appointed by the Secretary of the Interior 
participated. By a vote of five (5) to one (1) (the Chair did not 
vote), the Review Committee:
    (a) Agreed with AMNH's determination that there is a relationship 
of shared group identity that can be reasonably traced between the 
Native American human remains and associated funerary objects removed 
from Pueblo San Pedro Viejo and the Kewa Pueblo, New Mexico, Pueblo of 
San Felipe, New Mexico, and Pueblo of Santa Ana, New Mexico; and
    (b) recommended that ``the Pueblo of Santa Ana take the lead in 
repatriation and reburial.''

    Dated: September 6, 2016.
Armand Minthorn,
Chair, Native American Graves Protection and Repatriation Review 
Committee.
[FR Doc. 2016-24467 Filed 10-7-16; 8:45 am]
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